Seraphim Posted September 28, 2020 Share Posted September 28, 2020 My dad left me a tiny bit of life insurance money. There were 4 beneficiaries of the policy one being my dad’s youngest sister. One of the questions to claim the policy is they asked if the policyholder had at one time smoked. Now of course my aunt put yes , but that my dad quit in the 1980’s which he did. So now of course we all have to put that . My dad did not die of lung related illness but from kidney failure. Would that disqualify his policy? Link to comment
SarahLancaster Posted September 28, 2020 Share Posted September 28, 2020 That's a question for a lawyer. Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 That's a question for a lawyer. I don’t have a lawyer and I don’t know my father’s. He was severely paranoid due to mental illness and didn’t tell anyone anything . Besides if I asked the lawyer it take up all the money he’s even leaving me. Link to comment
Wiseman2 Posted September 28, 2020 Share Posted September 28, 2020 Too late now. Be honest and the insurance company will do whatever it does. Your aunt was correct filling it out truthfully. Fraud disqualifies people. Of course the insurance has access to whatever medical records they may need as well as the death certificate, which states the cause of death. Why worry about it? There were 4 beneficiaries of the policy one being my dad’s youngest sister. Would that disqualify his policy? Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 Too late now. Be honest and the insurance company will do whatever it does. Your aunt was correct filling it out truthfully. Fraud disqualifies people. Of course the insurance has access to whatever medical records they may need as well as the death certificate, which states the cause of death. Why worry about it? My brother brought up he the point. But either way the amount of money whether I get it or not changes nothing. It is not a life changing amount. Link to comment
Wiseman2 Posted September 28, 2020 Share Posted September 28, 2020 Who is the executor? Do you have a copy of the policy and will? If he died intestate, you'll have to contact his next of kin. If he has a will, contact the executor, and if you don't have a copy of the policy and are sure you have a standing in it, contact the insurance company. You don't need an attorney. But either way the amount of money whether I get it or not changes nothing. Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 Who is the executor? Do you have a copy of the policy and will? If he died intestate, you'll have to contact his next of kin. If he has a will, contact the executor, and if you don't have a copy of the policy and are sure you have a standing in it, contact the insurance company. You don't need an attorney. I was sent a letter as a beneficiary yes ; of course I have claim. Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 I was also sent forms to fill out to claim my portion. His executor is his lawyer. I AM his next of kin I am his DAUGHTER. Link to comment
melancholy123 Posted September 28, 2020 Share Posted September 28, 2020 Many lawyers will talk to you for free for 30 mins. See if you can find one and ask your questions. Link to comment
Wiseman2 Posted September 28, 2020 Share Posted September 28, 2020 So why worry. He has a will and a lawyer. If you have questions ask his lawyerI was also sent forms to fill out to claim my portion. His executor is his lawyer. Link to comment
DancingFool Posted September 28, 2020 Share Posted September 28, 2020 Whether your dad smoking 20 years ago will affect the policy or not is basically in the fine print in the policy, which you can read for yourself. It may or it may not. Depends on the particular policy. However, lying or failing to disclose proper information on your claim is considered fraud and that will definitely be grounds for denial of your claim. Basically, just be truthful. If the claim is denied and you have some questions about that or want to know if it's worth fighting the insurance company over that, then you can speak to an attorney. Can't speak for Canada, but in the US, you can get a free consultation and attorneys work on a contingency basis on these types of claims. In other words, if they win, they'll take a certain percentage, which isn't even that big, and if they can't, no cost to you unless it goes to court and you'll need to cover filing costs. Granted lawyers won't go forward unless you want to. Also, most contingency attorneys are pretty good at not wasting their time, so if they urge you to go forward, they are pretty certain they'll win. Mostly, these things get quickly settled out of court once an attorney shows up. Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 All forms were filled truthfully. He quit 40 years ago. Smoking had nothing to do with his death. He died because he stopped his dialysis. It is $1500. Whether I get it is here or there. It won’t do one thing for me other than by me a keepsake to remember him by. Link to comment
Wiseman2 Posted September 28, 2020 Share Posted September 28, 2020 Excellent. Now it's up to the insurance companies and this estate attorney to carry things forward. Nothing for you to worry about.All forms were filled truthfully. Link to comment
lostandhurt Posted September 28, 2020 Share Posted September 28, 2020 Seraphim, Insurance companies have been for the last 15-20 years reviewing the original policy application when it comes time to pay on the policy trying to find a reason not to pay. So if your father put down he was a non smoker and then they find out he did in fact smoke at one time they will claim he was untruthful on his application and void the policy and not pay. I have seen it done with medical policies as well where someone had cancer and the bills stated adding up to a lot of money, a review was done of the original application and the woman had made a simple mistake filling out the form so they claimed she was not forthcoming and tried to cancel the policy and not pay the medical bills. She ended up dying before it was resolved by her husband in court. He won but it just shows how far they will go to so they do not have to pay up. If you are or were a smoker you pay a higher premium and after you die if they can prove you were untruthful then they will not pay. I doubt they would give back all the premiums your dad paid in either. Your aunt already said he smoked so put down he smoked but quit 40 years ago which is true and see what happens. Unfortunately insurance companies are not generous people and have whole departments dedicated to finding ways to not pay out on a policy. Luckily like you said it isn't a huge amount of money. How have you been otherwise? Lost Link to comment
Seraphim Posted September 28, 2020 Author Share Posted September 28, 2020 Seraphim, Insurance companies have been for the last 15-20 years reviewing the original policy application when it comes time to pay on the policy trying to find a reason not to pay. So if your father put down he was a non smoker and then they find out he did in fact smoke at one time they will claim he was untruthful on his application and void the policy and not pay. I have seen it done with medical policies as well where someone had cancer and the bills stated adding up to a lot of money, a review was done of the original application and the woman had made a simple mistake filling out the form so they claimed she was not forthcoming and tried to cancel the policy and not pay the medical bills. She ended up dying before it was resolved by her husband in court. He won but it just shows how far they will go to so they do not have to pay up. If you are or were a smoker you pay a higher premium and after you die if they can prove you were untruthful then they will not pay. I doubt they would give back all the premiums your dad paid in either. Your aunt already said he smoked so put down he smoked but quit 40 years ago which is true and see what happens. Unfortunately insurance companies are not generous people and have whole departments dedicated to finding ways to not pay out on a policy. Luckily like you said it isn't a huge amount of money. How have you been otherwise? Lost See, I have zero clue what he told them because he was a pathological liar and believed his own lies. I have been ok as long as I keep working. Link to comment
lostandhurt Posted September 28, 2020 Share Posted September 28, 2020 Good to hear you are doing okay. Keep busy and if you need help reach out. Just call a friend and say I am feeling down and need someone to help keep my mind off all of it. Help them help you. Go for walk to catch up, sit on the phone and talk or whatever to break out of the cycle. Don't be surprised if the insurance company sends you a letter explain a reduced payout or no payout. Their shareholders stay happy when they don't pay out. Fingers crossed it all goes well and you can use that money to buy a nice memorial for your dad. Lost Link to comment
Cherylyn Posted September 28, 2020 Share Posted September 28, 2020 Contact the insurance company and tell the truth. Tell them your dad quit smoking 40 years ago and passed away due to stopping dialysis. Be forthright and the insurance company will determine what to do at that point. I hope you receive your fair share and I'm very sorry for your loss, ~Seraphim~. Link to comment
Seraphim Posted September 29, 2020 Author Share Posted September 29, 2020 Contact the insurance company and tell the truth. Tell them your dad quit smoking 40 years ago and passed away due to stopping dialysis. Be forthright and the insurance company will determine what to do at that point. I hope you receive your fair share and I'm very sorry for your loss, ~Seraphim~. The paperwork was filled out honestly and sent in. They have the death certificate already. Link to comment
Cherylyn Posted September 29, 2020 Share Posted September 29, 2020 The paperwork was filled out honestly and sent in. They have the death certificate already. Ok. I hope it works out for you. Link to comment
Seraphim Posted October 11, 2020 Author Share Posted October 11, 2020 I have been thinking about what to do with this money if I receive it. I think I will give it to my local Humane Society in his name or the Humane Society back home. Cats were my father’s favourite animals and mine too. Link to comment
Seraphim Posted November 25, 2020 Author Share Posted November 25, 2020 They processed my dad’s insurance and put a cheque in the mail. Link to comment
Seraphim Posted December 4, 2020 Author Share Posted December 4, 2020 I got my cheque today .😓 Link to comment
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